RFE for meeting in last 2 years: does this mean our lawyer messed up?

[Dennis8 6]

I too initially hired the services of a visa assistance agency that was headed by an immigration lawyer (albeit in my wife's home country). Long story short, the information they were telling me did not match up to what I was reading on VJ. They kept telling me to wait to start the process but to pay in advance 🙄. I am happy I only made one payment before I decided to do the process on my own. Got the wife here in less than a year. I guess it really depends on who you hire. But on the other hand, I'd rather do it myself for free than pay someone extra money on top of all the immigration fees.

[Ash.1101 1,756]

 You said your fiancé is French but that you have a Chinese visa and stamps.

 

did y’all meet in China at some point?

 

if you want to use that as proof you would need to also provide that he was in China as well, unless he currently lives in China.

 

if you are proving you’ve met in 2 years by showing you met in a country that wasn’t each other’s home country, you have to take the second step of proving you were both in this other country together. So you’ll want his passport stamps and such too.

Edited May 7, 2019 by Ash.

[SalishSea 17,829]

39 minutes ago, Ash. said:

 You said your fiancé is French but that you have a Chinese visa and stamps.

 

did y’all meet in China at some point?

 

if you want to use that as proof you would need to also provide that he was in China as well, unless he currently lives in China.

 

if you are proving you’ve met in 2 years by showing you met in a country that wasn’t each other’s home country, you have to take the second step of proving you were both in this other country together. So you’ll want his passport stamps and such too.

Sounds like they met there for vacation.  My husband and I also met in Canada on more than one occasion, and we included the stamps from his passport for those visits.  

[Ash.1101 1,756]

2 minutes ago, Jorgedig said:

Sounds like they met there for vacation.  My husband and I also met in Canada on more than one occasion, and we included the stamps from his passport for those visits.  

Yea most likely. Hopefully they’ll be able to get proof they were both in China at the same time, passport stamps, hotel bills, something.

[Scandi 4,166]

The lawyer made a huge mistake in not asking you for such evidence and sending it. You're actually very lucky to have gotten an RFE and not a denial that would result in you having to file the petition all over again (with new fees etc). Evidence of having met in person within the last two years is one of the main requirements. Like I said, you're lucky to just have gotten an RFE.

 

Fire that lawyer immediately.

[SalishSea 17,829]

9 minutes ago, Scandi said:

Fire that lawyer immediately.

Agreed.

[junkmart 320]

17 hours ago, bellsbells said:

After waiting over 4 months since the first NOA for our K-1, I received an RFE asking for proof of meeting in last two years. I'm pretty surprised that this happened, because we hired an immigration lawyer to submit the application for us, and it seems to me that he should have included everything necessary so we could have avoided this kind of delay. He never asked us for anything but the dates of our last meetings and photos of us together. Does the RFE mean that he didn't do his job properly, or is this standard practice? Thanks.

No, the RFE doesn't mean that he didn't do his job properly. You are ultimately responsible for your submission, since you signed it. There are good lawyers and not so good lawyers. You may have chosen a not so good lawyer. I used a lawyer who I researched in advance, but I also filled out the forms myself so that I could check her work, and I gave her all of the evidence that I wanted included with my application. She only made sure that I submitted the minimum evidence required.

 

If I were you, I would fire the lawyer and either submit on your own, or research to find a better lawyer.

Edited May 7, 2019 by junkmart

[bellsbells 3]

10 hours ago, Ash. said:

 You said your fiancé is French but that you have a Chinese visa and stamps.

 

did y’all meet in China at some point?

 

if you want to use that as proof you would need to also provide that he was in China as well, unless he currently lives in China.

 

if you are proving you’ve met in 2 years by showing you met in a country that wasn’t each other’s home country, you have to take the second step of proving you were both in this other country together. So you’ll want his passport stamps and such too.

He lived in China for a period of time and I visited him there. He has proof of that in his passport. However, I'm not sure his passport will show an entry stamp to France, as they don't stamp passports of French nationals on entry. I wonder what would be the best way to prove that he was in France when I visited him there before and after the China trip?

Edited May 7, 2019 by bellsbells

[payxibka 10,045]

4 minutes ago, bellsbells said:

He lived in China for a period of time and I visited him there. He has proof of that in his passport. However, I'm not sure his passport will show an entry stamp to France, as they don't stamp passports of French nationals on entry. I wonder what would be the best way to prove that he was in France when I visited him there before and after the China trip?

You only need to prove one meeting.   Go with the one that you have the strongest evidence of 

[bellsbells 3]

Just now, payxibka said:

You only need to prove one meeting.   Go with the one that you have the strongest evidence of 

Really? I would think evidence of 3 meetings would make an even stronger case. People have said the more evidence, the better.

[payxibka 10,045]

3 minutes ago, bellsbells said:

Really? I would think evidence of 3 meetings would make an even stronger case. People have said the more evidence, the better.

For the interview but not the petition.   The petition does not adjudicate the validity of the relationship 

 

No such thing as extra credit at the petition,  you either met within two years or you didn't 

Edited May 7, 2019 by payxibka

[bellsbells 3]

5 minutes ago, payxibka said:

For the interview but not the petition.   The petition does not adjudicate the validity of the relationship 

 

No such thing as extra credit at the petition,  you either met within two years or you didn't 

Understood. But since I have already put together evidence for all 3 trips, is there a good reason *not* to send it all now?

[payxibka 10,045]

1 minute ago, bellsbells said:

Understood. But since I have already put together evidence for all 3 trips, is there a good reason *not* to send it all now?

No, but you best have one that is undeniable rather than three that are halfass

[bellsbells 3]

2 minutes ago, payxibka said:

No, but you best have one that is undeniable rather than three that are halfass

I have plane ticket receipts (showing that the flights were completed), hotel reservations, and passport stamps for all 3 trips. I think this is pretty good, no?

[payxibka 10,045]

2 minutes ago, bellsbells said:

I have plane ticket receipts (showing that the flights were completed), hotel reservations, and passport stamps for all 3 trips. I think this is pretty good, no?

When you say flight receipt,  what does that mean exactly?  Boarding pass?  How does it show flight completion? How does it show you were on the plane?

 

In country reservations means you booked a hotel,  a copy of the hotel folio would be better